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| The Tax Publishers2020 TaxPub(DT) 1816 (Mad-HC) INCOME TAX ACT, 1961
Section 220
Recovery proceedings were pre-mature, since assessee had admittedly filed an application sought stay before Appellate Commissioner and CBDT had, in Instruction No. 1914 F. No. 404/72/93 ITCC, dated 2-12-1993 directed Appellate Commissioner to dispose the applications for stay filed by an assessee within a period of two weeks from date of filing of the same and after considering the stay application, an order should be passed taking into consideration the financial stringency and balance of convenience.
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Recovery of tax - Stay of demand - Appeal was pending before CIT(A) -
Assessee suffered an order of assessment and a statutory appeal was filed, pending before CIT(A). Assessee had also filed a stay application before CIT(A) which was also stated to be pending as on date. Even during the pendency of stay application, AO issued notice treating assessee as assessee in default and calling upon assessee to remit the disputed taxes forthwith under threat of coercive action. Held: Recovery proceeding were pre-mature, since assessee had admittedly filed an application sought stay before Appellate Commissioner and CBDT had, in Instruction No. 1914 F. No. 404/72/93 ITCC, dated 2-12-1993 directed Appellate Commissioner to dispose the applications for stay filed by an assessee within a period of two weeks from date of filing of the same. Assessee was permitted to appear before CIT(A) without expecting any further notice in this regard. After considering the stay application, an order should be passed taking into consideration the financial stringency and balance of convenience.
REFERRED :
FAVOUR : Directions issued.
A.Y. :
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